Andhra Pradesh High Court - Amravati
Redlapalli Sukumar vs The State Of Ap on 1 October, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.22316 OF 2021
ORDER:
This Writ Petition is filed under Article 226 of the Constitution
of India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in the
nature of Writ of mandamus declare the action of the Respondent
No.4 in incorporating the names of the unofficial Respondents No.5
and 6 in the Revenue Records to the property to an extent of Ac.5.58
Cents in Sy.No.187, Ac.3.29 Cents in Sy.No. 186 and Ac.11-23 Cents
in Sy.No.185 of Kotapalli Village, Thanakallu Mandal, Anantapur
District in spite of stay orders pending in CMAMP No. 1208 of 2013
in CMA No. 542 of 2013 on the file of this Hon'ble Court as illegal,
arbitrary, violative of Statutory procedure contemplates under A.P.
Rights in Land and Pattadar Pass Book Act, 1971 and violative of
Article 14 and 21 of Constitution of India and consequently direct the
Respondent No.4 to delete the names of the unofficial Respondents
No.5 and 6 in the Revenue Records and pass such other orders...."
2. Though the petitioners made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioners requested this Court to issue a direction to the
respondents to dispose of the representations dated 30.06.2021,
04.07.2021 and 14.07.2021 submitted by the petitioners, without
touching the merits of the case.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the representations dated
30.06.2021, 04.07.2021 and 14.07.2021 submitted by the petitioners,
if any pending with the respondent authorities.
4. In view of the submission of Government Pleader for Revenue
appearing for respondents, I need not decide the truth or otherwise of
the allegations made in the petition.
5. This Court is conscious that no such direction be issued in view
of the judgment of the Apex Court in The Government of India v.
P.Venkatesh1, wherein the Apex Court held that such orders may be
passed for a quick or easy disposal of cases in overburdened
adjudicatory institutions but, they do not serve to the cause of justice.
As the learned counsel for the petitioners himself requested to issue a
direction to dispose of the representations dated 30.06.2021,
04.07.2021 and 14.07.2021 submitted by the petitioners, I find no
other alternative except to issue such direction.
6. In the result, Writ Petition is disposed of, directing the 4th
respondent/ Tahsildar to dispose of representations dated
30.06.2021, 04.07.2021 and 14.07.2021 submitted by the petitioners,
in accordance with law, within four (04) weeks from the date of receipt
of a copy of this order, keeping in view of the pending civil litigation
between the private parties. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 01.10.2021
KK
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.22316 OF 2021
Date: 01.10.2021
KK
